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BALLY, INC. v. M.V. ZIM AMERICA

No. 712, Docket 93-7255.

22 F.3d 65 (1994)

BALLY, INC., Plaintiff-Appellee, v. M.V. ZIM AMERICA, her engines, boilers, etc., Defendant, Zim Container Service, Zim Israel Navigation Co. Ltd., Shoham Maritime Services Ltd., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 20, 1994.

Attorney(s) appearing for the Case

Vincent M. DeOrchis, New York City (John Orzel and P. Michael DeCharles, DeOrchis & Partners, New York City, of counsel), for defendants-appellants.

William R. Connor III, New York City (John E. Cone, Jr., Bigham, Englar, Jones & Houston, New York City of counsel), for plaintiff-appellee.

Jeffrey F. Lawrence, David F. Smith and Torbjörn B. Sjögren, Sher & Blackwell, Washington, DC, for amicus curiae Ocean Carrier Conferences.

Chester D. Hooper and Delia L. Peters, Haight Gardner Poor & Havens, New York City, for amicus curiae American President Lines, Ltd., and Sea-Land Service, Inc.

Before: MINER and McLAUGHLIN, Circuit Judges, and CONNER, District Judge.

MINER, Circuit Judge:

Defendants-appellants Zim Container Service, Zim Israel Navigation Co., Ltd. and Shoham Maritime Services, Ltd. (collectively "Zim"), appeal from a judgment entered on February 24, 1993 in the United States District Court for the Southern District of New York (Keenan, J.), awarding plaintiff-appellee Bally, Inc. damages in the amount of $48,819.73, plus pre-judgment interest at a rate of eight percent, for loss to a shipment of shoes and other...

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